Opinion purgatory — the authority gap between decision and mandate

I was poking around on the internet to try to understand better the interplay between a published decision and a mandate. Here’s an interesting article that came up in the search: [Link].

Schoolhouse Rock wasn’t any help on this topic.

Update 11/8/19:

Judge Dyk’s concurrence in the judgment of BedGear, LLC v. Fredman Bros. Furniture Company, Inc., 2018-2082 (Fed. Cir. Nov. 7, 2019), at footnote 8, highlights this issue, as well:

The difficulty of identifying at what point in time the appointments became effective is evident. Is it when then panel issues the decision, when the mandate issues, when en banc review is denied, when certiorari is denied, or (if there is an en banc proceeding) when the en banc court affirms the panel, or (if the Supreme Court grants review) when the Supreme Court affirms the court of ap- peals decision?

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